scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

NEW CLASSIFICATION OF PRINCIPLES OF CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Амир Ахметович Мужахаев ◽  
Аминат Аслановна Солтамурадова
Keyword(s):  
Civil Procedure ◽  
New Classification ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Key Factor ◽  
The Subject ◽  
The Right

В представленной статье кратко раскрывается смысл понятия такого явления, как принцип гражданского процессуального права, а также дана классификация принципов, уже существующих и утвердившихся в теории гражданского процесса. Авторы работы предприняли попытку разработать новую классификацию принципов гражданского судопроизводства, отличную от общепринятой, в которой ключевым фактором выступает субъект, которому эти принципы адресованы по своему содержанию. По результатам проведенного исследования выделены субъекты, которым адресованы действия этих принципов: адресованные только суду; адресованные только лицам, участвующим в деле; - адресованные всем субъектам гражданского судопроизводства в целом (общие). Можно вполне обосновано сказать, что новая классификация принципов гражданского процесса, в зависимости от субъекта имеет право на существование. The presented article briefly reveals the meaning of the concept of such a phenomenon as the principle of civil procedural law, and also gives a classification of the principles that already exist and are established in the theory of civil procedure. The authors of the work attempted to develop a new classification of the principles of civil proceedings, different from the generally accepted one, in which the key factor is the subject to whom these principles are addressed in their content. According to the results of the study, the subjects to whom the actions of these principles are addressed: addressed only to the court; addressed only to persons participating in the case; - addressed to all subjects of civil proceedings in general (general). It can be reasonably said that the new classification of the principles of civil procedure, depending on the subject, has the right to exist.

scholarly journals Forensic Science: a Crisis or the Need to Clarify the Subject?

2017 ◽  
pp. 26-32
Keyword(s):  
Forensic Science ◽  
Subject Matter ◽  
Civil Procedure ◽  
Point Of View ◽  
The Other ◽  
Forensic Sciences ◽  
Aim Of Science ◽  
Science In Russia ◽  
The Subject

The article is devoted to clarification of the phenomenon and logics included into the subject of forensic science. The author criticizes attempts of other commentators to extend the subject matter of this science as well as the statements about so-called crisis in forensic science in Russia. From the author’s point of view, there is no reason to speak about a crisis. At the same time, it is necessfry to specify the subject matter of forensic science. The author argues against extension of the subject matter of forensic science to the fields of civil procedure and arbitration. He believes that the main aim of science has been still to detect a trace picture of a crime. So, forensic science is primarily in the field of fighting crime. Only powerful bodies and officials carry out forensic activities. As for the other subjects (such as advocates) – they can only use the achievements of forensic sciences. The author analyzes positions of Russian (including Soviet) and German commentators. The analysis allowed the author to propose the definitions of forensic science and criminalistical (forensic) characteristics of crime.

scholarly journals Reforming the Institution of a Class Action in Russian Law: Selected Issues

2020 ◽  
Vol 15 (7) ◽  
pp. 68-75
Author(s):  
V. A. Kolotov
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Arbitration Procedure ◽  
The Subject ◽  
Comprehensive Reform ◽  
Russian Law ◽  
The Law

The paper is devoted to some issues associated with a class action. The subject matter of the study is relevant in light of a comprehensive reform of this institution in the arbitration procedure and the emergence of class actions in civil procedure. The author highlights that class action proceedings cannot be considered as an equal alternative to joinder. Thus, in the author’s view, along with quantitative criteria some other criteria should be used to distinguish class action proceedings from joinder. The author investigates the issue of competition between the class action and individual claims. This problem is resolved in procedural codes in different ways. The paper focuses on some problems associated with the grounds and order of replacement of the claimant representing parties involved. Taking into account that the law allows considering homogeneous claims in collective proceedings, the author concludes that it is necessary to elaborate more detailed rules relating to the case where the class action involves a set of individual claims brought by each participant.

scholarly journals Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

2019 ◽  
Vol 24 ◽  
pp. 21-46
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Civil Procedure ◽  
Comparative Approach ◽  
European Law ◽  
The Public ◽  
Eu Legislation ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Domestic Law

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

INSTITUTE OF CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS, TAKING INTO ACCOUNT CHAPTER 14.1 OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Аюб Бисланович Сулейманов
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Statistical Information ◽  
Procedure Code ◽  
Peaceful Settlement ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation

Статья посвящена изучению актуальности института примирительных процедур в свете введения в ГПК РФ новой главы. Описывается сам процесс возникновения данной законодательной новеллы, столь необходимой в настоящее время в гражданском судопроизводстве с учетом придания статутного значения мирному урегулированию гражданско-правовых споров, которые являются предметом рассмотрения в судах общей юрисдикции. В работе также приводится актуальная статистическая информация. The article is devoted to the study of the relevance of the institution of conciliation procedures in the light of the introduction of a new chapter in the Code of Civil Procedure of the Russian Federation. The very process of the emergence of this legislative novelty, which is so necessary at present in civil proceedings, taking into account the attachment of statutory significance to the peaceful settlement of civil disputes, which are the subject of consideration in courts of general jurisdiction, is described. The work also provides up-to-date statistical information.

LEGAL RESPONSIBILITY IN CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 119-134
Author(s):  
M.R. ZAGIDULLIN
Keyword(s):  
Legal Liability ◽  
Civil Procedure ◽  
Legal Responsibility ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Civil Proceedings ◽  
Performance Fees ◽  
Arbitration Procedure ◽  
The Subject ◽  
Actual Loss

The article presents the results of the author’s dissertation research on legal responsibility in the civil procedure. The author substantiates the conclusion of the broadest interpretation of the civil procedure, according to which it should include: 1) judicial civil procedure: civil procedure, arbitration procedure, administrative procedure (legal proceedings); 2) out-ofcourt civil procedure: notary, enforcement proceedings, mediation, pre-trial conflict resolution, arbitration. Legal liability in civil proceedings should be understood as a type of state coercion, which consists in the subject of civil proceedings undergoing the adverse consequences provided for by the rule of law for a procedural offense committed by them in civil proceedings. The author also distinguishes between the concepts of responsibility in civil proceedings and civil procedural responsibility. Civil procedural responsibility should be understood as a subspecies of procedural responsibility, which is the obligation of the subject of civil procedure to undergo adverse procedural consequences provided for by the norm of civil procedure law, affecting the course of the procedure, for the procedural offense committed by him. Accordingly, it is proposed that court fines, performance fees, and compensatory (legal) liability (payment of court expenses, compensation for actual loss of time) should be attributed not to procedural, but to material and legal liability implemented in civil (civil) proceedings. The general state of implementation of civil and procedural liability measures in various branches of the civil procedure is clearly demonstrated in the form of a comparative table.

Cash benefits from social assistance in the light of the jurisprudence of administrative courts – selected problems. Part 2

2021 ◽  
Vol 36 (1) ◽  
pp. 153-190
Author(s):  
Sywia Łakoma
Keyword(s):  
Subject Matter ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Financial Capacity ◽  
The Past ◽  
The Social ◽  
The Subject ◽  
Cash Benefits ◽  
Administrative Courts

The aim of this study is to present social assistance benefits in cash in terms of the jurisprudence of administrative courts. The analysis of the provisions of the Act on Social Assistance and the case law related to the indicated subject matter confirms that the granting of optional benefits in cash – which are the subject of this part of the article – takes place under administrative approval. As a result, meeting the positive prerequisites for a given benefit, with the simultaneous lack of negative prerequisites, does not have to mean that the expected aid is to be obtained. In this case, the principles and objectives of social assistance, including the principle of subsidiarity, are of a great importance. This principle results, first of all, in the obligation to independently undertake actions – by persons or families interested in receiving assistance – in order to overcome a difficult life situation. Only when this is not possible, support is provided by social assistance bodies. Then, however, great importance – which is emphasized in the judicature – is attached to the cooperation of individuals or families with social assistance bodies. The jurisprudence presented in the study also confirms that the significance for granting optional benefits is the use by an individual in the past or at the time of applying for of other social assistance specific benefits. These circumstances, in the best case, may affect the amount of the benefit granted, but may also result in refusal of performing its payment, among others, due to the justified needs of other people. Additionally, the judicature points out that the refusal to grant optional cash benefits may also be affected by the limited financial capacity of the social assistance body (Article 3 (4) of the Act on Social Assistance). This is one of the elements that distinguish these benefits from obligatory benefits in cash, including, in particular, the periodic allowance, where the limited financial capacity of the social assistance body may only affect the amount of the benefit, but may not be the basis for refusal to grant it.

Transformation of Fundamental Origins of Civil Procedure Law in Terms of Digitization of Justice in Civil Cases

2020 ◽  
Vol 10 ◽  
pp. 42-45
Author(s):  
Yulia A. Lukonina ◽  
Keyword(s):  
Technical Progress ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Judicial System ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject

The article reveals the main trends in the modernization of the civil procedural law principles in the context of the civil process digitalization. From the point of view of introducing the latest digital innovations into the civil process, the guidelines of the branch of the law are analyzed, the conclusions are drawn about the transformation of the legal regulation key areas. It is raised the problem of the procedural and legal collisions between the introduction of technical progress tools into the judicial system, its reflection in the regulatory framework of the state and the application in the legal work of judicial structures and practicing procedural specialists. Taking as a basis the differentiation of the civil procedural law principles by the subject of regulation, the author examines various legal configurations that have appeared in the judicial system as a result of the digitalization of procedural relations of participants in civil proceedings, starting depending on the degree of impact of digitalization. The article highlights the main aspects of the implementation of the principle of the publicity of proceedings, the corresponding principles of openness, publicity, accessibility, transparency and judicial transparency, between which a parallel is drawn. In terms of digitalization the author touches upon the principles of the judicial independence, competition, equality of parties and discretion, thereby coming to the conclusion about digital modernization of the main provisions and ideas that express the essence of civil procedural law, while maintaining the traditional positions characteristic of the Russian judicial system.

scholarly journals Historical aspect of the development of the institution of subject matter jurisdiction in civil proceedings

2019 ◽  
pp. 118-124
Author(s):  
E. S. Polushkin
Keyword(s):  
Subject Matter ◽  
Soviet Period ◽  
Main Task ◽  
Historical Aspect ◽  
Exclusive Jurisdiction ◽  
Civil Proceedings ◽  
The Subject ◽  
First Time ◽  
Revolutionary Period ◽  
Post Soviet Period

The author conducts a retrospective analysis of the institution of subject matter jurisdiction in Russian civil proceedings. The institution of subject matter jurisdiction originates in the pre-revolutionary period. To determine the mechanism of delimitation of competence between jurisdictional bodies, such concepts as “exclusive jurisdiction” or “establishment” were used. During this period, a distinction was made between the competence of administrative and judicial bodies.The concept of “subject matter jurisdiction” was enshrined in Soviet legislation for the first time ever. Moreover, in the scientific literature, subject matter jurisdiction is often identified with court jurisdiction. The main task of subject matter jurisdiction in the Soviet period was the division of competence between the courts of general jurisdiction and state arbitration. During this period, the subject and object criteria for delimitation of competence between the courts of general jurisdiction and other jurisdictional bodies, which are currently used, were formulated.In the post-Soviet period, the judiciary was finally separated from the executive and the courts acquired particular significance in resolving jurisdictional disputes. All large categories of cases were transferred to the jurisdiction of the judiciary. The creation of a system of arbitration courts has led to an even greater importance of the institution of subject matter jurisdiction. It was in the post-Soviet period that the categories of “subject matter jurisdiction” and “court jurisdiction” were finally delimited. As a result of the study, the author concludes that there is some continuity in the development of the institution of subject matter jurisdiction. 

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